Terms of Service

1Introduction and Acceptance of Terms

Welcome to AfriStay, a digital marketplace operated by by SmartSync Technologies Limited ("SmartSync", "we", "us", or "our"), a company incorporated under the laws of the Federal Republic of Nigeria. AfriStay operates an online platform accessible at afristay.com and via our mobile applications that facilitates short-term accommodation bookings between property hosts ("Hosts") and guests ("Guests") across Nigeria and Africa.

By accessing, registering on, or using the AfriStay platform — including our website, mobile applications, APIs, and related services (collectively the "Platform") — you ("User", "you") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference.

These Terms apply to all users of the Platform, including Guests, Hosts, and visitors. Where specific provisions apply exclusively to Hosts or Guests, this will be clearly indicated.

2Definitions

The following expressions have the meanings set out below:

3Eligibility and Registration

3.1 Eligibility Requirements

To use the AfriStay Platform, you must:

• •Be at least 18 years of age;
• •Have the legal capacity to enter into a binding contract under the laws of the Federal Republic of Nigeria;
• •Not be prohibited from using the Platform under any applicable law;
• •Provide accurate, complete, and current registration information; and
• •Not have had a previous account terminated by AfriStay for cause.

3.2 Account Registration

You must create an account to access most features of the Platform. You agree to:

• •Provide truthful and accurate information during registration, including your full legal name, a valid email address, and a valid phone number;
• •Keep your account credentials (username and password) strictly confidential;
• •Notify AfriStay immediately at support@afristay.com if you suspect any unauthorised access to your account;
• •Accept responsibility for all activity that occurs under your account, whether authorised by you or not.

3.3 Corporate Accounts

If you are registering as a business entity, the individual completing registration warrants that they have authority to bind the business and that the business is duly incorporated and registered in accordance with applicable Nigerian law.

4Host Terms and Conditions

4.1 Listing Requirements

By listing a property on the Platform, you represent and warrant that:

• •You are the legal owner of the property or have the lawful authority, lease rights, or consent of the owner to list and sublet on a short-term basis;
• •The property complies with all applicable federal, state, and local laws, regulations, zoning requirements, and health and safety standards;
• •You hold (or will obtain before accepting any bookings) all necessary licences, permits, and consents required to operate a short-term rental;
• •All information in your Listing is accurate, complete, and not misleading, including photographs, descriptions, amenities, pricing, and house rules;
• •The property is in a safe, clean, and habitable condition fit for occupation;
• •You will honour all confirmed bookings and will not cancel without legitimate cause.

4.2 Host Verification

AfriStay operates a voluntary verification programme for Hosts. Verified Hosts are required to submit a valid government-issued photo ID, a selfie holding their ID, proof of address dated within three months, and (where applicable) a CAC registration certificate. AfriStay reserves the right to approve or decline verification applications in its absolute discretion and to revoke Verified status at any time.

4.3 Pricing and Availability

Hosts are solely responsible for setting their own pricing. Hosts agree:

• •To maintain accurate availability calendars to prevent double-bookings;
• •Not to engage in price discrimination on the basis of any protected characteristic;
• •That pricing updates take effect immediately and apply to new bookings only;
• •To honour the price shown to a Guest at the time of booking even where pricing is subsequently increased.

4.4 Host Obligations at Check-in

• •Contact Guests at least 24 hours before the scheduled check-in date with directions and access information;
• •Ensure the property is clean, safe, and ready for occupation at the agreed check-in time;
• •Mark Guest check-in and check-out through the AfriStay Platform;
• •Treat all Guests with dignity and in a non-discriminatory manner.

4.5 Host Prohibited Conduct

Hosts must not:

• •List properties they do not have the legal right to sublet;
• •Misrepresent the location, size, condition, or features of a property;
• •Accept direct payments from Guests for Platform bookings with the intent to evade Platform Fees;
• •Install covert surveillance equipment (hidden cameras) in any area of the property;
• •Discriminate against Guests on any protected grounds;
• •Impose charges not disclosed in the Listing at the time of booking;
• •Allow occupation beyond the declared maximum occupancy.

5Guest Terms and Conditions

5.1 Booking and Reservation

When you make a booking through the AfriStay Platform, you are entering into a direct accommodation agreement with the Host. AfriStay is not a party to that agreement but facilitates its conclusion. When placing a booking, you agree to:

• •Provide accurate information including the identity and number of all guests;
• •Comply with the cancellation policy applicable to the Listing at the time of booking;
• •Respect the property, fixtures, and furnishings and leave the property in the same condition as found;
• •Comply with all house rules published by the Host;
• •Not host events, parties, or gatherings at the property unless expressly permitted by the Host in writing.

5.2 Pay on Arrival Bookings

For Pay on Arrival bookings, you acknowledge that:

• •No payment is charged at the time of reservation; the reservation blocks the dates in the Host's calendar;
• •You are required to arrive before 9:00 PM local time on the check-in date, or notify the Host in advance of a later arrival;
• •Full payment of the accommodation amount is due directly to the Host at check-in;
• •AfriStay retains the right to cancel Pay on Arrival reservations not confirmed as checked in within 24 hours of the scheduled check-in time.

5.3 Guest Responsibilities

• •You are responsible for the behaviour and conduct of all members of your party during the stay;
• •You are liable for any damage caused to the property or its contents by you or your party;
• •You must ensure your use of the property complies with applicable noise ordinances and community standards.

5.4 Guest Prohibited Conduct

• •Using a property for any unlawful purpose including criminal activity;
• •Conducting commercial activities without the Host's express written consent;
• •Exceeding the maximum occupancy stated in the Listing;
• •Subletting or re-assigning your booking to any third party.

6Cancellation and Refund Policy

6.1 Guest-Initiated Cancellations

Refunds on Guest-initiated cancellations are determined by the cancellation policy applicable to the Listing at the time of booking. AfriStay supports four standard cancellation policy tiers:

Platform Fees are non-refundable except where the cancellation results from AfriStay error or Host-initiated cancellation.

6.2 Host-Initiated Cancellations

If a Host cancels a confirmed booking, AfriStay will:

• •Refund the Guest in full, including all Platform Fees;
• •Impose a cancellation penalty on the Host, which may include suspension of the Listing, a financial penalty, and/or removal of Verified status;
• •Where a pattern of Host-initiated cancellations is established, permanently suspend the Host's account.

6.3 Refund Processing

Refunds are processed to the Guest's original payment method within five (5) to seven (7) business days of the cancellation being confirmed. AfriStay is not responsible for delays caused by banks or payment processors beyond our control.

6.4 Cancellation Disputes

Guests may raise a cancellation dispute at support@afristay.com within seven (7) days of the cancellation. AfriStay will issue a final determination within five (5) business days.

7Payments and Billing

7.1 Accepted Payment Methods

• •Debit and credit cards (Visa, Mastercard, Verve) via Paystack and Flutterwave;
• •Bank transfers via USSD or internet banking;
• •Mobile money (MTN MoMo, Airtel Money, Vodafone Cash) where applicable;
• •Loyalty points (for eligible redemption amounts);
• •Cash on arrival (for Pay on Arrival bookings — paid directly to Host).

7.2 Currency and Conversion

All bookings are processed in Nigerian Naira (NGN). Where the Platform displays prices in other currencies (USD, GBP, EUR, GHS, KES), these are indicative estimates only based on approximate exchange rates and do not constitute binding price quotes. The authoritative booking price is always denominated in NGN at the rate displayed at the time of booking confirmation.

7.3 Payment Security

AfriStay does not store card numbers or sensitive payment credentials. All card transactions are processed by PCI-DSS compliant third-party payment processors (Paystack and Flutterwave). By submitting payment information, you authorise AfriStay's payment processors to process the transaction on your behalf.

7.4 Failed Payments

Where a payment fails after a booking is initiated, the reservation will be placed in Pending status and automatically cancelled within thirty (30) minutes if payment is not completed, returning the dates to the Host's availability calendar.

8Platform Fees and Commissions

8.1 Guest Service Fee

AfriStay charges Guests a service fee on online payments, calculated as a percentage of the booking subtotal (exclusive of taxes). The applicable fee is disclosed at checkout before payment is confirmed. This fee covers platform maintenance, payment processing, customer support, and fraud prevention.

8.2 Host Commission

AfriStay charges Hosts a commission on each confirmed online booking, deducted from the booking amount before payout. For Pay on Arrival bookings, Hosts are required to remit the applicable commission separately. Commission rates are disclosed in the Host's dashboard and may be updated upon not less than fourteen (14) days' written notice.

8.3 Host Payouts

Host earnings (net of commission) are paid to Hosts' designated bank accounts. AfriStay shall use commercially reasonable efforts to process payouts within seven (7) business days of a Guest's stay completion. AfriStay shall not be liable for delays or losses arising from incorrect bank details provided by the Host.

8.4 Taxes

AfriStay collects and remits applicable taxes including Value Added Tax (VAT) on Platform Fees as required by the Value Added Tax Act (Cap V1, Laws of the Federation, as amended). Hosts are independently responsible for declaring and paying all taxes applicable to their rental income under applicable Nigerian law.

9User Content and Intellectual Property

9.1 Licence to User Content

By submitting any content (including photographs, descriptions, reviews, or other materials) to the Platform, you grant AfriStay a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, modify, adapt, publish, display, and distribute such content on the Platform and in AfriStay's marketing materials for the purpose of operating and promoting the Platform.

9.2 Content Standards

You are solely responsible for all content you submit. You warrant that your content:

• •Is accurate and not misleading;
• •Does not infringe the intellectual property rights, privacy rights, or other rights of any third party;
• •Does not contain fraudulent, obscene, defamatory, threatening, or discriminatory material;
• •Does not contain malware, viruses, or any other harmful code.

9.3 AfriStay Intellectual Property

All intellectual property rights in the AfriStay Platform, including trademarks, trade names, software, designs, and proprietary content, vest exclusively in AfriStay or its licensors. Nothing in these Terms grants you any right, title, or interest in AfriStay's intellectual property.

9.4 Reviews and Ratings

AfriStay permits Guests to submit reviews and ratings following a completed stay. All reviews must be honest, accurate, and based on genuine experience. AfriStay reserves the right to remove reviews that violate these Terms or that constitute abuse, harassment, or manipulation of the platform's ratings system.

10Prohibited Conduct

Without limiting any other provision of these Terms, you must not:

• •Use the Platform for any unlawful purpose or in violation of any applicable Nigerian or international law;
• •Circumvent the Platform by soliciting or accepting bookings outside the Platform with the intent to avoid Platform Fees;
• •Create multiple user accounts, impersonate any person, or provide false identity information;
• •Use automated tools, bots, scrapers, or scripts to access or collect data from the Platform;
• •Interfere with or disrupt the integrity, performance, or security of the Platform;
• •Engage in harassing, threatening, abusive, defamatory, or discriminatory conduct toward any user or AfriStay staff;
• •Post or transmit unsolicited commercial communications (spam);
• •Attempt to gain unauthorised access to any account or system connected to the Platform.

11Account Suspension and Termination

11.1 Termination by User

You may close your AfriStay account at any time by contacting support@afristay.com. Account closure does not extinguish obligations arising from confirmed bookings already in place or outstanding financial obligations to AfriStay or other users.

11.2 Suspension or Termination by AfriStay

AfriStay may, at its sole discretion and without prior notice, suspend, restrict, or permanently terminate your account if:

• •You breach any provision of these Terms;
• •We receive credible complaints of fraudulent, abusive, or harmful conduct;
• •We are required to do so by applicable law, court order, or regulatory authority;
• •Continued access poses a risk to AfriStay, its users, or third parties.

AfriStay will, where practicable, provide notice of suspension and an opportunity to respond before permanent termination takes effect.

12Disclaimers and Limitation of Liability

12.1 Platform as Marketplace

AfriStay operates as a technology marketplace that facilitates connections between independent Hosts and Guests. AfriStay is not a party to the accommodation agreement between Hosts and Guests, does not own, operate, or manage any property listed on the Platform, and does not employ or act as the agent of any Host.

12.2 No Warranty

12.3 Limitation of Liability

12.4 Indemnification

You agree to indemnify, defend, and hold harmless AfriStay and its officers, directors, employees, and agents from and against all claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Platform; (b) your breach of these Terms; (c) your violation of any applicable law; or (d) any third-party claim arising from content you submit.

13Dispute Resolution and Governing Law

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of laws principles.

13.2 Internal Dispute Resolution

Where a dispute arises between a Guest and a Host in connection with a booking, either party may request AfriStay's mediation assistance by contacting support@afristay.com. AfriStay will use commercially reasonable efforts to facilitate resolution but is not obliged to act as arbitrator.

13.3 Disputes with AfriStay

Any dispute between you and AfriStay shall first be submitted to informal negotiation by written notice to legal@afristay.com. If unresolved within thirty (30) days, both parties submit to the exclusive jurisdiction of the courts of Lagos State, Nigeria.

13.4 Class Action Waiver

To the maximum extent permitted by applicable law, you waive any right to bring claims as a plaintiff or class member in any class action or representative proceeding against AfriStay.

14General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any supplemental policies, constitute the entire agreement between you and AfriStay and supersede all prior negotiations, representations, warranties, and agreements.

14.2 Amendment

AfriStay may amend these Terms at any time. Material changes will be notified to registered users by email at least fourteen (14) days before taking effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

14.3 Severability

If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.4 Force Majeure

AfriStay shall not be liable for any failure or delay resulting from causes beyond its reasonable control, including acts of God, government actions, pandemic, power outages, or internet disruptions.

Contact Information

Also see our Privacy Policy — incorporated into these Terms by reference.